Mayor and City Council of Laurel Department of Economic and Community Development

MAYOR AND CITY COUNCIL OF LAUREL DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT

8103 Sandy Spring Road • Laurel, Maryland 20707 • (301) 725-5300 Web: http://www.cityoflaurel.org E-mail: [email protected]

DATE: December 21, 2020

AGENDA ITEM NO. 4

TECHNICAL STAFF REPORT

TO: City of Laurel Planning Commission

FROM: Joshua Mitchum, Planner II

CASE: Special Exception No. 910 Passion Care Assisted Living 7602 Clare Court Laurel, MD 20707

I. GENERAL INFORMATION

APPLICANT: Passion Care Assisted Living c/o Levene Jefferson 7602 Clare Court Laurel, MD 20707

OWNER: Same as Applicant

LOCATION: 7602 Clare Court Laurel, Maryland 20707

ZONE: Planned Unit Development Existing (PUD-E)

REQUESTED ACTION: Special Exception approval for the establishment and operation of an assisted living residence in the residential home located at 7602 Clare Court, Laurel, MD 20707

II. BACKGROUND INFORMATION

The subject property is zoned Planned Unit Development Existing (PUD-E). Passion Care is proposed to operate out of the existing 2,593 square foot, two (2) story residential building on the property, originally built in 2005.

The adjacent property zoning designations are as followed:

▪ North: C-VAC (Commercial Village Activity Center) ▪ South: PUD-E (Planned Unit Development Existing) ▪ East: PUD-E (Planned Unit Development Existing) ▪ West: PUD-E (Planned Unit Development Existing)

The following Departments and Agencies were notified of the application and comments were requested. See below for responses:

Department / Agency Comment City of Laurel Department of See comments below. Public Works No objections to the application. City of Laurel Police Department

City of Laurel Department of No objections to the application. Parks and Recreation

• Applicant is required to City of Laurel Office of the Fire obtain a Use & Marshal & Permit Services Occupancy permit as well as a fire inspection. • Applicant must obtain a license from the PG County Dept. of Health and Mental Hygiene to operate an assisted living residence.

Washington Suburban Sanitary No comments received. Commission (WSSC)

See comments below. Prince George’s County Health Department

Maryland Department of No objections to the application. Planning

Maryland State Highway No objections to the application. Administration (SHA)

Maryland-National Park and No objections to the application. Planning Commission (M-NPPC)

Baltimore Gas and Electric No comments received. (BGE)

Verizon No comments received. Prince George’s County Public No objections to the application. Schools Capital Programs

Comments received from City of Laurel Department of Public Works, dated December 21, 2020.

1) According to the plan, all improvements will be on-site only and will not impact public right-of-way.

2) This Department does not provide hazard material or medical waste pick up and disposal. Please confirm if there will be any medical waste or hazard material from this address. The Applicant must provide us with a waste disposal plan as soon as possible if there is any.

3) If this Application is approved, please notify our Department as soon as possible as the refuse/recycle collection could be arranged differently from a residential unit to a commercial unit.

Comments received from Prince George’s County Health Department, dated December 16, 2020.

The Environmental Engineering/Policy Program of the Prince George’s County Health Department has completed a health impact assessment review of the Special Exception submission for the Assisted Living Residence located on 7602 Clare Court and has the following comments/recommendations:

1. The Assisted Living Facility must meet all state and local regulatory requirements for COVID-19 precautions mandated by the Governor of Maryland. The facility must follow the CDC Guidance for the prevention of the spread of COVID-19.

2. The applicant should be in compliance with the Code of Maryland Regulations (COMAR) 10. 07. 14 for Maryland Office of Health Care Quality regulations for Assisted Living Programs (ALP) and be in compliance with all state and local regulations. The facility must obtain all necessary licenses in accordance with the state and local regulatory agencies.

III. ANALYSIS

The Applicant is seeking Special Exception approval for the establishment and operation of an assisted living residence in the residential home located at 7602 Clare Court, Laurel, MD 20707.

The application meets the supplemental criteria set forth in ULDC Sec. 20-22.28. – Assisted Living Residence.

• Business Operation: The Applicant proposes to operate out of a private residential home with a maximum of four (4) clients. The anticipated clients will have different disabilities related to mobility. The Applicant states that clients will be medically monitored and screened twenty-four (24) hours and day, seven (7) days a week, with regular follow-ups with their primary care physicians. The Applicant states that they are not anticipating that clients will have cars. Approximately 80% of the clients’ time will be spent indoors, 20% outside (weather-permitting, supervised by staff). The Applicant states that it is the policy of Passion Care to not allow smoking or alcohol consumption on the premises.

Attachment 1 provides a comprehensive overview of the services and levels of care that is proposed by the Applicant, such as manager training, nurse scheduling/procedure, and emergency protocols.

• Site: The residential home that the Applicant has proposed to operate Passion Care out of is a private home owned by the Applicant. Passion Care will use the following in its business operation: • Two (2) bedrooms o Each bedroom is approximately 240 SF • Two (2) full bathrooms • One (1) common area/breakfast nook • One (1) kitchen • Private backyard • Parking that can accommodate four (4) cars • Approximately two (2) miles to closest commercial corridors

The photograph below shows the proposed site, 7602 Clare Court, Laurel, Maryland 20707. The blue arrow indicates the proposed location of the Passion Care business.

The Board of Appeals may grant special exceptions for such periods and for the use numerated, and subject to the conditions set forth in this division.

Sec. 20-21.01 of the Unified Land Development Code (Code) lists five criteria for special exceptions generally, which include:

(1) The proposed use is in harmony with the purpose and intent of the comprehensive master plan, as embodied in this chapter and in any master plan or portion thereof adopted or proposed as part of such comprehensive master plan.

The proposed use is consistent with the purpose and intent of the comprehensive master plan to provide a use (an assisted living residence) that provides a service that is of need.

(2) The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;

The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area. The Applicant states that the overall scope of the business is very small and private, with the maximum active clients being four (4) adults.

(3) Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare or physical activity;

The application appears to be in conformance with all specific requirements relating to the approval of an assisted living residence. There will be no objectionable noise, vibrations, fumes, odors, dust, glare, or physical activity created by the proposed use.

(4) Will not, in conjunction with existing development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage and other public improvements; and

As the proposed use is taking place in an existing building, the proposed use will not overburden existing public utilities, including sewer and police and fire protection.

(5) The proposed use meets the definition and specific standards set forth elsewhere in this article for such particular use.

The proposed use meets the definition and specific standards set forth in Sec. 20- 21.1 of the City’s Unified Land Development Code.

IV. RECOMMENDATION

Staff recommends that the Planning Commission RECOMMEND APPROVAL of Special Exception Application No. 910 to the City of Laurel Board of Appeals with the following conditions:

1. The Applicant shall obtain a City of Laurel Use and Occupancy permit, as well as a fire inspection.

2. The applicant shall obtain a license from the PG County Dept. of Health and Mental Hygiene to operate an assisted living residence and provide a copy to the Office of the Fire Marshal and Permit Services prior to operating the business.

3. The Applicant shall comply with all regulations of the Prince George’s County Health Department for protection of the use of the property.

4. The Applicant shall submit a refuse plan to the City of Laurel Department of Public Works for review prior to the issuance of the Use and Occupancy permit.

5. The Applicant shall comply with all federal, state, and local laws and regulations for protection of the use of the property.

Attachments

1. Passion Care business plan 2. Passion Care floor plan

Reviewed:

Christian L. Pulley ______Christian L. Pulley Director